Health Care Complaints Commission v Dr Gopal Chandra Mukherjee [2010] NSWMT 11

New South Wales Medical Tribunal

CITATION : Health Care Complaints Commission v Dr Gopal Chandra Mukherjee [2010] NSWMT 11 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Complainant) Dr Gopal Chandra Mukherjee (Respondent) FILE NUMBER(S) : 40021 of 2008; 40025 of 2009 CORAM: Backman J - de Carvalho, Dr V - Glass, Assoc Prof A - Yeo, Dr G CATCHWORDS: Deregistration Medical Practice Act 1992 LEGISLATION CITED: Poisons and Therapeutic Goods Act 1966 Poisons and Therapeutic Goods Regulation 2002 Caladine v The Commissioner, New South Wales Health Care Complaints Commission [2007] NSWCA 362; CASES CITED: In Re Dr Ian McHue [2007] NSWMT 11; Spicer v New South Wales Medical Board & Ors (unreported, NSW Court of Appeal, CA 3 of 1981, 19 February 1981) DATES OF HEARING: 8, 9, 10 February and 9 April 2010 Written submissions: 16 and 19 April 2010 DATE OF JUDGMENT: 7 October 2010 COMPLAINANT: Mr B O'Donnell of counsel Health Care Complaints Commission LEGAL REPRESENTATIVES: (Mr S Cox) RESPONDENT: Mr M Ainsworth of counsel Unsworth Legal (Mr A Davey) ORDERS: Deregistration; not to apply for re-registration for 2 years from the date of the Decision.

JUDGMENT: MEDICAL TRIBUNAL OF NEW SOUTH WALES

DEPUTY CHAIRPERSON: Backman J Members: Dr V de Carvalho Dr A Glass Dr G Yeo

Thursday, 7 October 2010